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• Traditional and customary Native Hawaiian rights <br /> • Public access <br /> See Haw. Rev. Stat. § 205A-2(c) (2023). Revoking the SMA permit may eliminate prior conditions <br /> meant to safeguard these interests. <br /> In Ka Pa`akai O Ka `Aina v. Land Use Comm'n, 94 Haw. 31, 7 P.3d 1068 (2000),** the Hawaii <br /> Supreme Court held that agencies must make findings to ensure the protection of constitutionally <br /> protected Native Hawaiian rights when considering land use decisions. These include: <br /> • Identification of cultural resources <br /> • The extent to which those practices will be affected <br /> • Measures to mitigate harm <br /> The Puapua`a region is a storied place (wahi papa) and contains resources of cultural, historical, and <br /> spiritual significance. Revoking the SMA permit without renewed environmental and cultural review <br /> would violate these constitutional obligations under Haw. Const. art.XII, § 7. <br /> In Mahuiki v. Planning Comm'n of County of Kauai, 65 Haw. 506, 654 P.2d 874 (1982)**, the <br /> Court emphasized the importance of due process and public involvement in SMA decisions.Any <br /> attempt to revoke and potentially reapply for new entitlements must go through full environmental <br /> review and community participation. <br /> Under Haw. Const. art.XI, § 1, and case law, the State and counties hold Hawai`i's natural resources <br /> in trust for the benefit of present and future generations. The Planning Commission has an affirmative <br /> duty to conserve,protect, and enhance coastal resources—not to deregulate them without substantial <br /> justification. <br /> The SMA Use Permit No. 437 was granted with environmental, cultural, and public trust safeguards. <br /> BOAZ LLC has presented no legal or factual basis for revocation. If the intent is to redevelop the <br /> parcel, the applicant should be required to submit a new SMA permit application and comply with: <br /> • A new Environmental Assessment(EA) or Environmental Impact Statement(EIS) <br /> • A Cultural Impact Assessment(CIA) <br /> • Public notice and hearing <br /> • Updatd shoreline management and climate resilience standards <br /> For these reasons, I respectfully request that the Planning Commission deny the request to revoke SMA <br /> Permit No. 437. <br /> Mahalo, <br /> Cindy Freitas <br />